This is an introduction to a new development in the international arena that poses a threat to the ability of countries to tailor patent and regulatory laws to promote access to medicine. Basically, certain international agreements permit foreign companies to sue a country for compensation if...

Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been considering a range of tools through which governments can...

The fair and equitable treatment (FET) provision has leapt to prominence in the last 15 years as the principal ground of liability at issue in many if not most investment treaty arbitration claims. In debates about the impact of investment treaties on the right to regulate, FET is second only to...

Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This...

International investment and related disputes are on the rise. With national courts generally unavailable and difficulties resolving disputes through diplomacy, investment treaties give investors a right to seek redress and arbitrate directly with states. The costs of these investment treaty...

The objective of this paper is to assess the claim that the WTO dispute settlement system should improve the transparency of its proceedings to people by opening panel and Appellate Body meetings as well as accepting and reflecting unsolicited amicus curiae briefs. This paper argues that the...